Legal Question in Credit and Debt Law in California

Re: New Entry of Default After Order Setting Aside First Default?

You were supposed to file an answer. You failed to do so, so another default was entered. You now need to set aside the default, but this time attach the answer or the court will deny your request.

Re: New Entry of Default After Order Setting Aside First Default?

Without looking at the court's file, it would be next to impossible to give you a completely accurate response.

However, based upon the facts given in your question, I would guess that one of two things happened.

1. You submitted to the court's jurisdiction by making what is known as a "general appearance" at the time you filed your motion to vacate and set aside, which basically waived your objections to the manner in which the summons and complaint were served. In this scenario you should have filed an answer to the complaint and proceeded with litigation. Simply asking the court to set aside the default would not affect the plaintiff's right to proceed with the litigation. Only a demurrer or motion to strike could accomplish this.

2. The plaintiff re-served the summons and complaint (or at least filed a proof of service saying they did) which you did not answer.

Courts do not provide instruction to pro per litigants concerning what they need to do in any particular circumstance. When one attempts to represent their own interests in litigation, with out the assistance f qualified counsel, they accept the responsibility for conducting their case in accordance with the law, and in conformance with the appropriate procedures.

I would suggest that you contact a lawyer near the court where the case was pending and hire them to look at the court file to see if there is anything that can be done at this point to allow you the opportunity to participate in the litigation. Given the length of time and the facts you have given, there may not be anything you can do to protect yourself.